Working from home is one of the hottest topics in workplaces right now, and we’ve had plenty of questions about it. Here’s where things stand: there’s still no general legal right for employees to work from home. Victoria’s proposed work from home laws are still before Parliament and, if they pass, won’t start until at least 01 Jul 2027 (later for small businesses). A federal bill from the Greens is also still sitting with a Senate committee.
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In the meantime, the usual flexible work request process under the National Employment Standards (NES) still applies.
The one change you need to know about now is in the Clerks Award. It has new working from home rules that apply from the first full pay period starting on or after 26 Oct 2026. If you’ve got someone in the office doing admin, reception, payroll or the books, this one’s for you.
Who it applies to
The new rules sit in clause 5A of the Clerks – Private Sector Award 2020. That’s your office and admin people: administrators, receptionists, payroll officers, bookkeepers and the like.
Don’t assume it’s not your problem because you run a civil, transport or trade business. The Clerks Award often covers your office staff even when your crews are under a different award. Some industry awards have their own clerical classifications though, so it’s worth checking each admin role.
Employees on an enterprise agreement, or who are award-free, aren’t covered by clause 5A. The NES flexible work rules still apply to them.
What the new rules say
Short version: employees can ask to work from home, and employers can still say no. Clause 5A doesn’t create a right to work from home. The Fair Work Commission decided against a model that would have leaned towards approving requests.
How someone asks
The request needs to be in writing and spell out:
- which days of the week they want to work from home, or
- how many days, or what proportion or pattern of days.
Clause 5A doesn’t set a deadline to reply or require reasons. Even so, treat every request fairly and on its merits. You can’t treat someone worse for asking, and a refusal linked to things like caring responsibilities, disability or age could be discrimination.
The catch for existing arrangements
The Commission found plenty of current work from home setups are probably breaching the award without anyone realising. The award was built for an office. Working a few hours, doing the school run, then jumping back on the laptop doesn’t fit its rules.
If you say yes, you and the employee can agree to adjust how these award rules apply:
- the requirement to work ordinary hours in one continuous block
- your say over when ordinary hours are worked
- when rest breaks are taken
- when meal breaks are taken.
Pay doesn’t change. Overtime, penalty rates and allowances still apply, including for work outside the award’s usual span of hours, and so does the right to disconnect.
What goes in the written agreement
If you agree, it has to be written down and cover six things:
| What to cover | Example |
| Days at home | Tuesdays and Thursdays, or two days a week |
| Where they’ll work | Their home address |
| Changes to award hours or breaks | Ordinary hours worked in two blocks between 7am and 7pm |
| Facilitative agreements | Anything agreed under the award’s existing facilitative provisions |
| Start date | When it kicks off |
| How it can change or end | How much notice either side needs to give |
The agreement has to be genuine, with no pressure or coercion. Give the employee a copy and keep yours with your time and wages records for seven years.
Got someone already working from home on a handshake deal? Clause 5A can put that on paper too. The request needs to come from them, so just let them know the option’s there.
How it fits with flexible work requests
The NES right to request flexible work (section 65 of the Fair Work Act) hasn’t gone anywhere, and it still covers working from home. Clerks Award employees can use either route.
| NES flexible work request | Clerks Award clause 5A | |
| Who can ask | Eligible employees, such as parents and carers, pregnant employees, people with disability and people 55 and over, usually with 12 months’ service | Any employee covered by the Clerks Award |
| Time to reply | 21 days, in writing | No set time |
| Saying no | Only on reasonable business grounds, with written reasons | No set test, but it must be fair and non-discriminatory |
| Award hours and breaks | Apply as written | Can be adjusted by written agreement |
If an eligible employee makes an NES request, reply in writing within 21 days. If you’re not sure which route applies, following the NES process is the safe option.
Your to-do list
If you’ve got Clerks Award employees working from home, even one day a fortnight, here’s where we’d start:
- Work out which of your employees are under the Clerks Award.
- List who’s working from home, formally or informally, and how their hours and breaks really run.
- Let those employees know clause 5A is there if they’d like to put their arrangement in writing.
- Set up a simple request form and agreement template, and update your work from home policy.
- Make sure your payroll or timesheet system can store the agreements for seven years.
- Handle requests consistently and put your reasons in writing, even when it’s not required.
- Talk it through with the employee before changing or ending an existing arrangement.
- Check the home setup is safe as part of any new or updated arrangement.
How we can help
Working from home goes best when everyone’s clear on the deal. Clause 5A gives you a simple way to get there, and a good excuse to tidy up arrangements that have crept in over the last few years. Done well, it supports what we always come back to: everyone deserves to be happy, healthy and safe at work.
We can check award coverage, look over your current setups, and put together a request form, agreement template and policy that fit how your business actually runs. Full Circle members, just give your usual FCHR contact a call. Everyone else, email us at hello@fullcirclehr.com.au.
If you’re an employee reading this, you can make a written request under clause 5A if you’re covered by the Clerks Award, or a flexible work request if you’re eligible under the NES. The Fair Work Ombudsman has more information, and an open conversation with your manager is always a good first step.
This is general information as at 2 November 2026, not legal advice. Work from home laws are still moving, so check in with us before making decisions.